(a) The alcohol beverage control commissioner described under
the provisions of article two, chapter sixty of this code shall
have sole responsibility for the administration of this article,
except for those responsibilities expressly vested in the tax
commissioner under sections thirteen, fourteen and fifteen of this
article.

All acts heretofore performed by the nonintoxicating beer
commissioner under previous proceedings of this article are hereby
again ratified and confirmed, and the commissioner shall succeed to
the same position previously maintained by the nonintoxicating beer
commissioner in all proceedings and official acts instituted and
perfected under the provisions of this article prior to the
effective date of this section.

(b) The commissioner shall appoint an adequate number of
competent persons to serve as administrators, employees and agents
of the commissioner for the purpose of keeping all necessary
accounts and records required under the provisions of this article;
investigating the books, accounts, records and other papers of
retailers, distributors and brewers; investigating applicants for
license and the places of business of retailers, distributors and
brewers; procuring evidence with respect to violations of the
provisions of this article, and particularly for use at hearings held by the commissioner and on proceedings instituted in court for
the purpose of revoking or suspending licenses hereunder; and such
administrators, employees and agents shall perform such other
duties as the commissioner may direct. Such administrators,
employees and agents shall have the right to enter any licensed
premises in the state in the performance of their duties at any
hour of the day or night when beer is being sold or consumed on
such licensed premises. Refusal by any licensee or by any employee
of a licensee to permit such administrators, employees or agents to
enter the licensed premises shall be an additional cause for
revocation or suspension of the license of such licensee by the
commissioner. The compensation of such administrators, employees
and agents shall be fixed by the commissioner: Provided, That the
commissioner may employ up to eleven special investigators who
shall be nonclassified exempt employees of the division.

(c) Services rendered the state by clerks, sheriffs,
commissioners in chancery and special commissioners, designated by
the court, and court reporters and stenographers performing
services for said commissioner and fees of witnesses summoned on
behalf of the state in proceedings to revoke or suspend retailer's
licenses shall be treated as part of the expenses of administration
and enforcement, and such officers and said other persons shall be
paid the same fees and charges as would be chargeable for like
services performed for an individual; and the compensation of such
clerks, sheriffs and other persons shall be paid out of the amount allocated for the expense of administration enforcement, after the
amount of such fees and other charges shall be certified by the
court to the auditor.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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